There’s no place like home: States’ obligations in relation to transfers of persons

30-09-2008 Article, International Review of the Red Cross, No. 871, by Emanuela-Chiara Gillard

The article sets out States’ obligations in relation to transfers of persons under refugee law, human rights law and international humanitarian law, and revisits the key elements of non-refoulement, including: its application where persons are transferred from one State to another or within the territory of a single State; the range of risks that give rise to application of the principle; important procedural elements; and, its effect on States’ obligations regarding diplomatic assurances.

Emanuela-Chiara Gillard is Chief, Protection of Civilians in Armed Conflict Section, Policy Development and Studies Branch of the United Nations Office for the Coordination of Humanitarian Affairs.